In most countries Spouses are entering into pre-nuptial
agreements before marriage as a precaution to safeguard their
assets in case of dissolution of marriage,
In India statutes do not recognize pre-nuptial agreements.
However, pre-nuptial agreements are valid and binding in the State
of Goa by as envisaged under the Portuguese Civil Code
(“Code”) continuing in the state Goa by virtue of
Section 5(1) of the Goa, Daman and Diu Administration Act,
1962.1
RECOGNITION OF PRE-NUPTIAL ARRANGEMENTS BY PORTUGUESE CIVIL
CODE
The Code specifically allows spouses to enter into contracts and
agreements regarding their assets and their ownership before
solemnisation of marriage. Under Article 1096 of the
Code,2 it is lawful for the spouses to stipulate,
whatever they think fit in respect of their assets before the
solemnisation of the marriage. However, under Article 1098 of the
code,3 if there is no declaration, it is assumed
that all assets will become common for both
